PANCHU MONDAL @ PANCHU GOPAL MONDAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-11-120
HIGH COURT OF CALCUTTA
Decided on November 29,2019

Panchu Mondal @ Panchu Gopal Mondal Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SUBHASIS DASGUPTA,J. - (1.) This Criminal Appeal No. 327 of 2014 is directed against the judgment and order of conviction dated 20.03.2014 and 21.03.2014, passed by learned Additional Sessions Judge, 2nd Fast Track Court, Alipore, South 24- Parganas in Sessions Trial No. 4(2) of 2009, arising out of Sessions Case No. 53(1) of 2009, convicting the appellant under Section 376 (2) (f) of Indian Penal Code, and thereby sentencing him to suffer rigorous imprisonment for eight years, and fine of Rs.5000/- (rupees five thousand), in default Simple Imprisonment for two months.
(2.) The factual position in a nutshell, as established during trial, is that father/complainant, a man lying below the poverty line maintaining his life by begging from others, and having tuberculosis at the relevant point of time, sent his victim daughter, a seven year old girl, after returning to home, for the purchase of puffed rice (muri) from a nearby shop at about 8 P.M. in the night on 13th October, 2008.
(3.) The victim daughter failed to return home within a reasonable point of time. The father/complainant became anxious of her return, when victim/daughter returned home with evidence of bleeding from lower private parts of her body. On being interrogated by the father/complainant, the victim daughter replied that on her way to shop accused appellant, while playing carrom in a club situated by the side of road, suddenly appeared before her and took her behind a library, near the chamber of a latrine, and committed rape upon her. Witnesses like PW-8 (Akashay Mondal) and PW-4 (Sudeb Sarkar) found accused/appellant attempting to flee away, and while catching hold of accused appellant, the accused appellant managed to flee away leaving a confession of his guilt to them. ;


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